A Trump-appointed federal judge ruled Thursday that immigration enforcement agencies violated the constitutional rights of noncitizen detainees at a Minnesota facility. The ruling came in response to a class-action lawsuit alleging that detainees at the Bishop Henry Whipple Federal Building were being denied access to legal counsel.
Judge Orders Access to Counsel
U.S. District Judge Nancy Brasel issued an emergency restraining order requiring Immigration and Customs Enforcement (ICE) to provide detained immigrants access to attorneys immediately after they are taken into custody. The order will remain in effect through February 26.
The lawsuit, filed last month, named ICE, the Department of Homeland Security, and Homeland Security Secretary Kristi Noem as defendants. It alleged that detainees were being denied access to lawyers and confidential communication. DHS rejected these claims in a statement following the ruling.
Government Obstacles Found
Judge Brasel found that the government had created “obstacles” at the Whipple facility that constituted “an unconstitutional infringement” on the rights of noncitizens to access counsel. She wrote that, in planning for Operation Metro Surge, the government “failed to plan for the constitutional rights of its civil detainees.”
The judge noted the government’s suggestion that providing access to counsel would result in “chaos,” adding, “The Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights.”
Broader Trend of Rulings
A review by Politico found that 373 judges have ruled against Trump’s mass detention policy since July of last year. Of those, only 20 rulings supported the administration, with the majority coming from judges appointed by Presidents Biden, Obama, George W. Bush, Clinton, George H.W. Bush, and Reagan.
DHS responded to the ruling and others by stating claims of subprime conditions or overcrowding at the Whipple building were “FALSE.” The agency maintains the facility is for processing, not detention, and that detainees are quickly transferred to permanent housing. DHS also stated that those at Whipple have access to phones and a list of attorneys.
A DHS spokesperson further stated, “No lawbreakers in the history of human civilization have been treated better than illegal aliens in the United States,” and that “ICE has higher detention standards than most U.S. Prisons that hold actual U.S. Citizens.”
Frequently Asked Questions
What prompted this ruling?
A class-action lawsuit filed last month alleged that detainees at the Bishop Henry Whipple Federal Building were being denied access to legal counsel.
What is the duration of the judge’s order?
The emergency restraining order will remain in effect through February 26.
How many judges have ruled against Trump’s mass detention policy?
According to a Politico review, 373 judges have ruled against Trump’s mass detention policy since July last year.
As this ruling takes effect, it remains to be seen how ICE will adjust its procedures at the Whipple facility and whether similar legal challenges will emerge in other locations.
